March 11, 2021
by Jeffrey
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In a TUPE case, can an order for re-engagement be made against a transferee who is not joined in the proceedings? (Err? No!) Could a compensation order also be made against a transferor when all liability passed to the transferee? (Again, … Continue reading
March 4, 2019
by Jeffrey
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The Court of Appeal dismissed the transferee’s appeal in this case, for essentially the same reasons as the EAT. The issue in this case is whether an employee dismissed immediately before the transfer was automatically unfairly dismissed because the principal … Continue reading
February 12, 2018
by Jeffrey
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The issue in this case is whether an employee dismissed immediately before the transfer was automatically unfairly dismissed because the principal reason for the dismissal was the transfer (Reg 7). The Facts K was employed by R1, the transferor, which got … Continue reading
September 13, 2015
by Jeffrey
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In this case three questions were referred to the ECJ by the Lisbon High Court. The second and third questions concerned the circumstances in which a national court is required to make a reference to the ECJ, the first however … Continue reading
August 12, 2015
by Jeffrey
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This case concerns the meaning of the expression, ‘the time of the transfer’ within s. 218 of the Employment Rights Act 1996 which provides: (1) Subject to the provisions of this section, this Chapter relates only to employment by the one … Continue reading
March 5, 2015
by Jeffrey
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This case provides a useful reminder of where the burden of proof lies and how it operates in cases of TUPE related automatic unfair dismissal. The Facts The Claimant worked for Game Stores Plc as Group Finance Director. On 26 … Continue reading
January 23, 2015
by Jeffrey
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This case is concerned with what happens when an employee is dismissed before the transfer but a successful appeal is heard after the transfer, with the complicating features being that the transferee heard the appeal and did not inform the … Continue reading
August 22, 2014
by Jeffrey
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This is another case concerned with a transferee employer requiring bus drivers to change their base depot from the place it was before the transfer to another location after the transfer. In Musse v Abiello London Limited it was held … Continue reading
March 18, 2014
by Jeffrey
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This case raises two issues: (i) The approach to the issue of intention in Reg 3(3)(a)(ii): “the client intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific event … Continue reading
February 10, 2014
by Jeffrey
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This case concerns harmonisation following a transfer. In cases of harmonisation the argument often run is that the harmonisation was for reason(s) independent of the transfer. Usually, that the business was under financial pressure or there were industrial relations issues … Continue reading